• Report: #515481

Complaint Review: Portfolio Recovery Associates, LLC

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  • Submitted: Tue, October 27, 2009
  • Updated: Tue, October 27, 2009

  • Reported By: Bronson — Grand Rapids Michigan USA
Portfolio Recovery Associates, LLC
120 Corporate Boulevard Norfolk, Virginia United States of America

Portfolio Recovery Associates, LLC SCAM ALERT! Help prevent attack on credit report! Norfolk, Virginia

*General Comment: PORTFOLIO IS A JUNK DEBT BUYER AND HAVE BEEN SUED IN MISSOURI

*Consumer Suggestion: A scam is what it sounds like

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Portfolio Recovery Associates is one hell of scam company.  They contacted me in early October and advised that I had a credit card which is in default to the tune of over $3000. 

I asked the lady, Alyse, what credit card it was, she told me and I advised her that I've never held that card.  Then I asked her to detail the dates the card was used and for what purchases.  She could not tell me the dates but did rattle off a list of stores the phantom card was used at, most of which were jewlery stores thousands of miles from where I live.

She was then advised that this could only be a case of identy theft.  I immediately checked my credit reports from all 3 reporting agencies and saw NO listing of any negative activity concerning this debt or any preious attempts to attach this to my credit history.

The rep then advised that they would send a "Dispute Form" which I was to fill out and return. I have received the form but based on what I've learned about this company, there is no way I am going to fill this out and return it to them.

Can anyone help guide me through what steps I may take to ensure that they do not attach this phoney debt to my credit reports? 

Any help would be appreciated.  By the way, I've already filed a formal complaint with the FTC.  Will that help?  Or should I contact all 3 agencies to try and head them off? 


This report was posted on Ripoff Report on 10/27/2009 08:56 AM and is a permanent record located here: http://www.ripoffreport.com/r/Portfolio-Recovery-Associates-LLC/Norfolk-Virginia-23502/Portfolio-Recovery-Associates-LLC-SCAM-ALERT-Help-prevent-attack-on-credit-report-Nor-515481. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.

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#1 General Comment

PORTFOLIO IS A JUNK DEBT BUYER AND HAVE BEEN SUED IN MISSOURI

AUTHOR: Laurie - (U.S.A.)

go www.budhibbs.com ASAP  -
MOST IMPORTANT - FILE COMPLAINTS
File complaints with
 
Federal Trade Commission   https://www.ftccomplaintassistant.gov/FTC_Wizard.aspx?Lang=en
 
Your State Attorney General
State Attorney General is every state they have offices
 
Link to all State Attorney General Websites www.naag.org
 
If you or they are located in NY use this SPECIAL Link   www.NYDebtHelp.com
This special website was created by NY AG Andrew Cuomo specifically for reporting illegal debt collection practices.   HES CRACKING DOWN AND SHUTTING THEM DOWN!
 
Also report your calls and contacts with debt collectors at http://www.budhibbs.com/index.html   If the company is listed under agencies report there. If not on the list YET, click on Watchlist! and add to the list.    You can also post here http://www.collectorsexposed.com/forum2/index.php?board=2.0
 
Debt Collectors DO NOT WANT YOU TO KNOW THIS INFORMATION!    
The INFORMED CONSUMER IS THE DEBT COLLECTORS WORST ENEMY!
 
Dealing with Debt Collectors
http://www.budhibbs.com/start.html
 
 
Statute of Limitations by State always double check YOUR OWN STATE Government Website
http://www.budhibbs.com/statute_of_limitations.htm
 
 
Recording calls from Debt Collectors - always double check YOUR OWN STATE Government Website
http://www.budhibbs.com/record.htm
 
 
From Federal Trade Commission Website FAIR DEBT COLLECTION PRACTICES ACT
Debt Collection FAQs: A Guide for Consumers
If youre behind in paying your bills, or a creditors records mistakenly make it appear that you are, a debt collector may be contacting you.
The Federal Trade Commission (FTC), the nations consumer protection agency, enforces the Fair Debt Collection Practices Act (FDCPA), which prohibits debt collectors from using abusive, unfair, or deceptive practices to collect from you.
Under the FDCPA, a debt collector is someone who regularly collects debts owed to others. This includes collection agencies, lawyers who collect debts on a regular basis, and companies that buy delinquent debts and then try to collect them.
Here are some questions and answers about your rights under the Act.
 
What types of debts are covered?
The Act covers personal, family, and household debts, including money you owe on a personal credit card account, an auto loan, a medical bill, and your mortgage. The FDCPA doesnt cover debts you incurred to run a business.
 
Can a debt collector contact me any time or any place?
No. A debt collector may not contact you at inconvenient times or places, such as before 8 in the morning or after 9 at night, unless you agree to it. And collectors may not contact you at work if theyre told (orally or in writing) that youre not allowed to get calls there.
 
How can I stop a debt collector from contacting me?
If a collector contacts you about a debt, you may want to talk to them at least once to see if you can resolve the matter even if you dont think you owe the debt, cant repay it immediately, or think that the collector is contacting you by mistake. If you decide after contacting the debt collector that you dont want the collector to contact you again, tell the collector in writing to stop contacting you. Heres how to do that:
Make a copy of your letter. Send the original by certified mail, and pay for a return receipt so youll be able to document what the collector received. Once the collector receives your letter, they may not contact you again, with two exceptions: a collector can contact you to tell you there will be no further contact or to let you know that they or the creditor intend to take a specific action, like filing a lawsuit. Sending such a letter to a debt collector you owe money to does not get rid of the debt, but it should stop the contact. The creditor or the debt collector still can sue you to collect the debt.
 
Can a debt collector contact anyone else about my debt?
If an attorney is representing you about the debt, the debt collector must contact the attorney, rather than you. If you dont have an attorney, a collector may contact other people but only to find out your address, your home phone number, and where you work. Collectors usually are prohibited from contacting third parties more than once. Other than to obtain this location information about you, a debt collector generally is not permitted to discuss your debt with anyone other than you, your spouse, or your attorney.
 
What does the debt collector have to tell me about the debt?
Every collector must send you a written validation notice telling you how much money you owe within five days after they first contact you. This notice also must include the name of the creditor to whom you owe the money, and how to proceed if you dont think you owe the money.
 
Can a debt collector keep contacting me if I dont think I owe any money?
If you send the debt collector a letter stating that you dont owe any or all of the money, or asking for verification of the debt, that collector must stop contacting you. You have to send that letter within 30 days after you receive the validation notice. But a collector can begin contacting you again if it sends you written verification of the debt, like a copy of a bill for the amount you owe.
 
What practices are off limits for debt collectors?
Harassment. Debt collectors may not harass, oppress, or abuse you or any third parties they contact. For example, they may not:
       use threats of violence or harm;
       publish a list of names of people who refuse to pay their debts (but they can give this information to the credit reporting companies);
       use obscene or profane language; or
       repeatedly use the phone to annoy someone.
 
False statements. Debt collectors may not lie when they are trying to collect a debt. For example, they may not:
       falsely claim that they are attorneys or government representatives;
       falsely claim that you have committed a crime;
       falsely represent that they operate or work for a credit reporting company;
       misrepresent the amount you owe;
       indicate that papers they send you are legal forms if they arent; or
       indicate that papers they send to you arent legal forms if they are.
 
Debt collectors also are prohibited from saying that:
       you will be arrested if you dont pay your debt;
       theyll seize, garnish, attach, or sell your property or wages unless they are permitted by law to take the action and intend to do so; or
       legal action will be taken against you, if doing so would be illegal or if they dont intend to take the action.
 
Debt collectors may not:
       give false credit information about you to anyone, including a credit reporting company;
       send you anything that looks like an official document from a court or government agency if it isnt; or
       use a false company name.
 
Unfair practices. Debt collectors may not engage in unfair practices when they try to collect a debt. For example, they may not:
       try to collect any interest, fee, or other charge on top of the amount you owe unless the contract that created your debt or your state law allows the charge;
       deposit a post-dated check early;
       take or threaten to take your property unless it can be done legally; or
       contact you by postcard.
 
Can I control which debts my payments apply to?
Yes. If a debt collector is trying to collect more than one debt from you, the collector must apply any payment you make to the debt you select. Equally important, a debt collector may not apply a payment to a debt you dont think you owe.
 
Can a debt collector garnish my bank account or my wages?
If you dont pay a debt, a creditor or its debt collector generally can sue you to collect. If they win, the court will enter a judgment against you. The judgment states the amount of money you owe, and allows the creditor or collector to get a garnishment order against you, directing a third party, like your bank, to turn over funds from your account to pay the debt.
Wage garnishment happens when your employer withholds part of your compensation to pay your debts. Your wages usually can be garnished only as the result of a court order. Dont ignore a lawsuit summons. If you do, you lose the opportunity to fight a wage garnishment.
 
Can federal benefits be garnished?
Many federal benefits are exempt from garnishment, including:
       Social Security Benefits
       Supplemental Security Income (SSI) Benefits
       Veterans Benefits
       Civil Service and Federal Retirement and Disability Benefits
       Service Members Pay
       Military Annuities and Survivors Benefits
       Student Assistance
       Railroad Retirement Benefits
       Merchant Seamen Wages
       Longshoremens and Harbor Workers Death and Disability Benefits
       Foreign Service Retirement and Disability Benefits
       Compensation for Injury, Death, or Detention of Employees of U.S. Contractors Outside the U.S.
       Federal Emergency Management Agency Federal Disaster Assistance
But federal benefits may be garnished under certain circumstances, including to pay delinquent taxes, alimony, child support, or student loans.
 
Do I have any recourse if I think a debt collector has violated the law?
You have the right to sue a collector in a state or federal court within one year from the date the law was violated. If you win, the judge can require the collector to pay you for any damages you can prove you suffered because of the illegal collection practices, like lost wages and medical bills. The judge can require the debt collector to pay you up to $1,000, even if you cant prove that you suffered actual damages. You also can be reimbursed for your attorneys fees and court costs. A group of people also may sue a debt collector as part of a class action lawsuit and recover money for damages up to $500,000, or one percent of the collectors net worth, whichever amount is lower. Even if a debt collector violates the FDCPA in trying to collect a debt, the debt does not go away if you owe it.
 
What should I do if a debt collector sues me?
If a debt collector files a lawsuit against you to collect a debt, respond to the lawsuit, either personally or through your lawyer, by the date specified in the court papers to preserve your rights.
 
Where do I report a debt collector for an alleged violation?
Report any problems you have with a debt collector to your state Attorney Generals office ( www.naag.org ) and the Federal Trade Commission ( www.ftc.gov ). Many states have their own debt collection laws that are different from the federal Fair Debt Collection Practices Act. Your Attorney Generals office can help you determine your rights under your states law.
 
For More Information
To learn more about debt collection and other credit-related issues, visit www.ftc.gov/credit and MyMoney.gov , the U.S. governments portal to financial education.
The FTC works for the consumer to prevent fraudulent, deceptive, and unfair business practices in the marketplace and to provide information to help consumers spot, stop, and avoid them. To file a complaint or to get free information on consumer issues , visit ftc.gov or call toll-free, 1-877-FTC-HELP (1-877-382-4357); TTY: 1-866-653-4261. The FTC enters consumer complaints into the Consumer Sentinel Network , a secure online database and investigative tool used by hundreds of civil and criminal law enforcement agencies in the U.S. and abroad
February 2009
 





Is Portfolio Recovery Associates in Financial Trouble ? We've been flooded with consumer complaints from all across America stating that they have received IRS Form 1099-C from Portfolio Recovery Associates... Read More >>
Portfolio Recovery Associates, LLC
Revenue Discovery Systems Aka/ Anchor Receivables Management
 
PORTFOLIO RECOVERY ASSOCIATES
AS A FINANCIAL INSTITUTION?
Corporate Headquarters 120 Corporate Blvd., Norfolk VA 23502, Mailing address: PO Box 12914 Norfolk VA 23541 Phone: (800) 772-1413      800-654-8818 or 757-519-9300 Fax: (757) 321 2504 or 866-296-0635





Offices: 4829 Hwy 45 North Jackson, TN 38305  

New Market Mall 5200 West Mercury Blvd Hampton, VA 23666  

500 West 1st Avenue Hutchinson, KS 67501  
Head Debt Collectors: Steve Fredrickson, CEO Email: sfredrickson@portfoliorecovery.com Andrew Holmes, President Email:  aholmes@portfoliorecovery.com Craig Grube, Sr., VP Email: cgrube@portfoliorecover.com Donald A. Williams, Associate General Counsel Email:  dwilliams@portfoliorecovery.com www.portfoliorecovery.com
Delvanie Rush is a liar and employee of Portfolio Recovery Associates, LLC.  Read her phony document.


Bud Says                         Consumer Comments Below


Portfolio Recovery Associates, (PRA) bottom feeders with deep pockets, have apparently figured out how to get blood from a turnip. They collect on accounts dating back to the 90s -- accounts so out of statute that most consumers cant even remember if they even existed. These vultures live off the grief and (in some cases) the time barred debts of unsophisticated consumers. Like most of the bottom feeders out there, PRA and Anchor are fighting the density of junk debt buyers who have flooded the market. To say the price for accounts has gone up is an under-statement. PRA is paying more just like everyone else to stay on top of the market.   One of PRA's favorite tricks is to use the IRS to collect for them. They issue the debtor a 1099C for the amount of the debt, then charge the full amount off as a loss. We've heard cases of other agencies collecting later on the same debt. Could PRA be charging off the full amount, then selling the account to another junk debt buyer? The poor consumer gets screwed in more ways than one. First, he's paid a questionable debt via a settlement to PRA - perhaps 60% on a debt they most likely couldn't have proven in court. Secondly, his taxes are hit when the IRS waves this 1099C in his face. They are effectively collecting for PRA at this point, since PRA took the loss (100%) of something they paid only pennies on the dollar for. Third, the consumer has to face the debt again when the junk debt buyer comes after him anew. Hopefully, the IRS will catch onto this scam. PRA is a publicly traded company, so one would think they wouldn't be able to get away with this type of financial accounting for very long without some preying eyes.  
CAUTION : I recommend you NEVER disclose your bank account or credit card information to a debt collector, as you risk them emptying your account, or maxing out your credit card. If you feel they are reporting on your credit bureau files in error or need assistance in dealing with them, email  the details w/your location.  Assistance and referral to a consumer legal specialist may be available.
 
Junk debt is legally uncollectable debt (they cannot sue you for it - but it does not stop them from trying and hope you do not show up for court and dispute it)  however there is no law that states they cannot try to collect it.  
Basically they pay a few cents on the dollar for worthless debt - then break State and Fed laws to collect it, 
Junk debt is past statute of limitations in most states
Discharged in bankruptcy
Already paid
Result of identity theft
NOT YOUR DEBT TO BEGIN WITH
 
Missouri AG Takes on Portfolio
Attorney General Koster takes action against fraudulent debt collectors --Koster says businesses tried to collect debts people didn't owe-- St. Louis , Mo. - Attorney General Chris Koster today filed suit against two debt collection companies that are operating scams to collect debts from citizens who do not owe the money. Koster filed law suits in St. Louis against Portfolio Recovery Associates, a public company based in Virginia , and Professional Debt Management located in Kansas City . Koster said Portfolio buys old and bankruptcy-discharged debt, often from another bad debt buyer, and then tries to collect, sometimes through court action. He said the company often is attempting to collect on accounts that are already paid or have been discharged in bankruptcy; sometimes they try to collect from the wrong consumer or for the wrong amounts. He said the company has threatened to garnish consumers' social security checks, which they have no authority to do, and has refused to provide consumers with proof that the debt is valid. Koster said Professional Debt Management uses scare tactics, leaving messages on consumers' phones that there is an emergency. He said that like Portfolio, they attempt to collect on accounts already paid or from the wrong party. "The Attorney General's office intends to take aggressive action to protect Missouri consumers," Koster said. "I am asking the court to issue a permanent injunction prohibiting these companies from violating consumer protection laws and to order that they provide full restitution to the people they have harmed." Koster also is asking that the court impose monetary penalties and require the companies to pay all court costs.
 
 

 
 
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#2 Consumer Suggestion

A scam is what it sounds like

AUTHOR: Adam - (U.S.A.)

If there is no negative activity on your credit report i wouldnt worry about it. Ask them when they purchased this debt. If they dont or wont  give you an answer it is a scam to get money.  On the waiver does it have a place for your social security number. If it does do not send it back. this is how identity theft is going down these days. You did the right thing filing wiht the FTC. you might want to file a report with your local attorney generals office to. You are entiteled to any information they have concerning your debt. If they do not have or will not give the information to you that raises a red flag in my eyes. It sounds pretty shady all around. If they  keep harassing you you can fsend a cease communications letter  certified mail to them.  Also you can contact the credit card company of this so called debt and give them the account number which the debt collector should provide to you.  and check yourself
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